ORDINANCE RELATED TO SURPLUS PROPERTY; AMENDING SECTION 2-11.2.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING SURPLUS PROPERTY DONATED TO COMMUNITY BASED ORGANIZATIONS TO BE USED FOR INTENDED PURPOSES FOR A SPECIFIED TIME PERIOD; PROHIBITING THE SALE OF SUCH PROPERTY AT A PROFIT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

SURPLUS PROPERTY

AMENDING CODE

Sponsors:

Lynda Bell, Prime Sponsor

Esteban L. Bovo, Jr., Co-Sponsor

Audrey M. Edmonson, Co-Sponsor

Rebeca Sosa, Co-Sponsor

Sunset Provision:
No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History

Acting Body

Date

Agenda Item

Action

Sent To

Due Date

Returned

Pass/Fail

Board of County Commissioners

10/4/2011

7A

Adopted

P

REPORT:

Assistant County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance.
Hearing no questions or comments, the Board members proceeded to vote on the foregoing proposed ordinance, as presented.

Internal Mgmt. & Fiscal Responsibility Committee

9/13/2011

1E2

Forwarded with a favorable recommendation

P

REPORT:

Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record.
Chairwoman Bell opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. After hearing no one wishing to speak, Chairwoman Bell closed the public hearing.
Chairwoman Bell relinquished the Chair to Vice-Chairman Bovo.
Commissioner Diaz suggested a friendly amendment to the proposed ordinance to prevent the resale of real property for five years, rather than three years as proposed.
Assistant County Attorney McCarty noted that this proposed ordinance was applicable to personal property only.
Commissioner Diaz noted that the amendment would not be necessary since the provision for real property was not contained in the proposed ordinance. He asked Assistant County Attorney McCarty to prepare appropriate legislation preventing surplus real property donated to Community Based Organizations from being sold for five years.
Commissioner Edmonson questioned the consequences for violating this proposed ordinance.
Assistant County Attorney McCarty responded that the ordinance did not specifically address consequences for violations; however, language could be included to require that surplus property be returned to the County or other remedies contained in the agreement would be applicable.
Commissioner Edmonson expressed concern regarding the enforcement of this ordinance without any consequences for violations. She said she would co-sponsor a revision to this ordinance that would incorporate a provision for penalties. She pointed out that surplus vehicles were donated to CBOs after five years in operation and would not last another five years.
Commissioner Bell concurred with Commissioner Edmonson’s suggestion. She noted that the three year requirement could be waived administratively by the Mayor or his designee provided it was in the County’s best interest. She noted the primary intent was to prevent organizations from selling computers and vehicles donated by the County for profit.
Commissioner Edmonson asked that a friendly amendment banning CBOs that violate the provisions of this proposed ordinance from receiving any future allocations from the County be prepared.
Assistant County Attorney McCarty responded that he would prepare this amendment.
Vice-Chairman Bovo noted surplus equipment donated to CBOs would become the property of the respective organization. He questioned the legality of the County imposing subsequent restrictions on sale of that equipment.
Commissioner Edmonson noted language should be contained within the ordinance to clearly state that the donated property could only be used for charity purposes.
Assistant County Attorney McCarty advised Committee members that the agreement for the transfer of a vehicle to a CBO already included a reverter clause in the event that property was not used for as intended in addition to the new provision banning future allocations as proposed by Commissioner Edmonson. He noted the County had the ability to take back the property if it was not used for the purpose intended.
Commissioner Jordan noted she supported the proposed ordinance with the restrictions proposed. She noted the subject property was deemed surplus since the cost of repairs exceeded the value of that property.
Commissioner Bell clarified the intent was that property donated to CBOs by the County be used as intended. She noted that the reverter clause was the penalty and the property could be taken back if not used appropriately.
Commissioner Edmonson clarified that she only suggested that revised language be drafted, and that she did not propose an amendment to this ordinance.
In response to Commissioner Bell’s request, Assistant County Attorney McCarty clarified that the reverter clause was included on handwritten page 6 of the proposed ordinance.
Hearing no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.
Chairwoman Bell resumed the Chair.

Board of County Commissioners

7/19/2011

4A

Adopted on first reading

9/13/2011

P

REPORT:

First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record.
The foregoing proposed ordinance was adopted on first reading and set for public hearing before the County Commission on September 13, 2011.

Board of County Commissioners

7/19/2011

Tentatively scheduled for a public hearing

Internal Mgmt. & Fiscal Responsibility Committee

9/13/2011

County Attorney

7/8/2011

Referred

Internal Mgmt. & Fiscal Responsibility Committee

9/13/2011

County Attorney

7/8/2011

Assigned

Jess M. McCarty

7/12/2011

Legislative Text

TITLE

ORDINANCE RELATED TO SURPLUS PROPERTY; AMENDING SECTION 2-11.2.1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; REQUIRING SURPLUS PROPERTY DONATED TO COMMUNITY BASED ORGANIZATIONS TO BE USED FOR INTENDED PURPOSES FOR A SPECIFIED TIME PERIOD; PROHIBITING THE SALE OF SUCH PROPERTY AT A PROFIT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

WHEREAS, Section 2-11.2.1 of the Code of Miami-Dade County provides for the orderly disposition of County surplus consistent with the requirements of State law; and
WHEREAS, surplus property is often donated to community based organizations; and
WHEREAS, it is in the best interest of the County that community based organizations use such surplus property for the purposes intended and not resell or otherwise transfer such property for a certain time period once such organizations receive it,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Section 2-11.2.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 2-11.2.1. Disposition of County surplus property.
(a) Definitions. For the purposes of this section, the following definitions shall be effective:

(2) Property means all tangible personal property owned by Miami-Dade County of a nonconsumable nature.

(3) Eligible community based organization means a not-for-profit agency, group, organization, society, association, corporation, partnership or individual that provides a community service designed to improve or enhance the well-being of the community of Miami-Dade County at large or to improve or enhance the well-being of certain individuals within this community that have special needs. An eligible community based organization shall be tax exempt under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1954 and otherwise be a qualified recipient of surplus property pursuant to Section 274.05, Florida Statutes.

(4) Retired county animal means an animal that has been withdrawn from County service, following a determination by a licensed veterinarian under contract with the County that the animal no longer meets the criteria for service to the department that employed the animal.

(b) Sale, donation or other disposition of surplus property. To the extent not inconsistent with state or federal law, surplus property may be sold, donated or otherwise disposed of only in the manner set forth in this section. Within the reasonable exercise of its discretion and having consideration for the best interests of the County, the value and condition of the surplus property, and the probability of such property being desired by the prospective bidder to whom offered, the County shall offer surplus property in the following order of preference: first, to the Parks and Recreation Department at no cost for use in the Department's preventative programs; and thereafter, to other County departments and agencies at no cost for use in Miami-Dade County. The County shall thereafter offer such surplus property by sale or donation to other governmental units located within Miami-Dade County for use in Miami-Dade County or shall have the discretion to offer the property to eligible community based organizations by sale or donation. Any surplus property not accepted by the Parks and Recreation Department or by other County departments or agencies and which is determined to be without commercial value shall be offered for sale or donation to eligible community based organizations. The types of surplus property which shall be offered to the Parks and Recreation Department hereunder at no cost are: step vans (one (1) ton and up), dump trucks, trash trucks, buses, water trucks, tractor trailers, low boy trailers, flat bed trucks, bulldozers, front-end loaders, backhoes, road rollers, trenchers, chippers, graders, large four-wheel drive vehicles, farm tractors, root pruners, cranes, garbage trucks, boom trucks, bucket trucks and large riding lawn mowers. Surplus property to be offered to eligible community based organizations by sale or donation pursuant to this section >>predominantly shall<< [[must be intended to]] be used by such organization in Miami-Dade County. The offer shall disclose the value, condition, and intended use of the surplus property. >>Prior to the County Commission approving a sale, donation or other disposition of surplus property to a community based organization, the organization shall specify to the County the intended use of such property. The community based organization shall predominantly use such property for the intended use, and shall not resell such property at a profit or otherwise transfer such property without County approval for no less than three (3) years from the date of receipt of the surplus property. The three year requirement may be waived administratively by the Mayor or designee upon a showing that it is in the best interest of the County. Agreements between the County and a community based organization shall include a reverter clause in the event surplus property is not used for the stated purposes within the three (3) year time period. The community based organization shall notify the County when it disposes of the surplus property.<<

In the event that the surplus property is not otherwise disposed of by operation of this section it shall be disposed of in the manner set forth in Section 274.06, Florida Statutes. The process for disposition of a retired county animal pursuant to Section 274.06, Florida Statutes, shall be as follows: upon receipt of a written certification from a licensed veterinarian under contract with the County that the animal no longer meets the criteria for service to the County, the County Manager or designee may make such humane disposition of the retired county animal as the Manager or designee deems appropriate, including without limitation allowing a current or former Miami-Dade County employee who handled the animal to adopt the animal, provided that anyone who adopts a retired county animal signs an affidavit releasing the County from any liability for the acts of the retired county animal; the Manager or designee shall prepare a retired animal custody affidavit memorializing the disposition of each retired county animal. Any and all proceeds derived from the sale of surplus property determined to be without commercial value shall be placed by the county in a restricted fund for the benefit of organizations which provide social and human service within the County and eligible community based organizations. Funds derived from this source shall not be used as an offset or to reduce funds made available to these organizations from other County sources.

(c) Exception for Emergency Purposes. Notwithstanding the foregoing, the Board of County Commissioners may waive the procedure set forth in subsection (b) above by 2/3 vote of the members present and upon a finding of an emergency situation, as declared by the President of the United States, the Governor of the State of Florida, the Mayor of Miami-Dade County or the Board of County Commissioners.

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.